The development of a constitutionally informed legal standard to test employment equity plans and affirmative action measures will always be troubled in a country that has seen racial classification serve as the basis for ...

Although the Constitutional Court has been a protector of freedom
of expression, major controversies about speech illustrate
deep divisions among South Africans. This article explores attitudes
of law students at the ...

This chapter considers the constitutional recognition of cultural diversity, especially as it is manifest through the recognition of customary law, and its relationship to the constitutional guarantee of gender equality. ...

The Constitutional Court's 2005 judgment in Volks NO v Robinson' has been
widely regarded as a setback for the extension of legal rights to opposite-sex
cohabitants. The majority of the court held that an unmarried ...

Central to the transformative project of the South African Constitution, although not always recognised as such, is the need to address the distinctive forms of poverty and inequality experienced by women. This article ...

In 2011 the North and South Gauteng High Courts were approached to
confirm surrogate motherhood agreements in accordance with the provisions
of chapter 19 of the Children's Act 38 of 2005. The judgments were
reported ...

Apart from their direct application against the state, the justiciability of socio-economic rights also requires the transformation of those aspects of private law that regulate relationships which are crucial for their ...

Apart from their direct application against the state, the justiciability of socio-economic rights also requires the transformation of those aspects of private law that regulate relationships which are crucial for their ...